Imagine you’r in the kitchen, trying to figure out what you’re going to eat for dinner. Your husband’s not home yet and the kids are watching TV. There’s a knock at your door. You open it and there is a man or a woman casually dressed with a bundle of papers in hand.
“Are you Mrs. X?” the person asks.
“Yes,” you respond, crossing your arms as you stand in the doorway. Your stomach dropping and your stance stiffening.
“Does Mr. X live here as well?” they ask.
“Yes, he’s my husband,” you respond, thinking “what an ubsurd question. Get to the point!”
“I have to give you these papers. One set is for you and the other for your husband. I’m serving you with a Notice and Summons and a Complaint. Have a good day.” And the man or woman turns around a leaves you holding what is the beginning of a legal proceeding against you that may end in you losing your house.
the documents look something like this:
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STATE OF SOUTH CAROLINA |
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IN THE COURT OF COMMON PLEAS |
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COUNTY OF CHARLESTON |
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CASE NO.: 2009-CP-10-XXXXX |
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BANK NAME (MAYBE REALLY LONG AND FOREIGN TO YOU WITH WORDS LIKE POOLING AGREEMENT AND NUMBERS), |
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Plaintiff(s) |
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vs. |
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SUMMONS |
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YOU AND YOUR LOVED ONES. |
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Non-Jury Foreclosure Deficiency (DEMANDED?/ Waived?) |
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Defendant(s).
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TO THE DEFENDANT(S) ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, a copy of which is herewith served upon you, and to serve a copy of your Answer on the undersigned at their offices located at LAWFIRM THAT WANTS YOUR HOUSE, within thirty (30) days after the service thereof, exclusive of the date of service; except that the United States of America, if named, shall have sixty (60) days to answer after service hereof, exclusive of the date of service; and if you fail to do so, judgment by default will be rendered against you for the relief demanded in the Complaint.
This is what a summons will look like, roughly. Many will have additional text but if you read it carefully you will notice you only have 30 days to respond. What this means is that if you do not respond, everything in the complaint that is attached ot the Summons will be taken as TRUE. You need to seek experieced legal counsel and advice to decide how to deal with this problem.
Many put the papers down without reading them and don’t realize that they require action within 30 days. Those people may end up oweing more money than necessary and may end up losing their house more quickly than necessary.
DO NOT IGNORE THE SUMMONS.
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